Zimbabwe Introduces a Commercial Division of the High Court and an Integrated Electronic Case Management System

THE LEGAL FRAMEWORK

Section 171 (3) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 allows for the High court to be divided into specialised divisions. Every such division must be able to exercise the general jurisdiction of the High court in any matter brought before it.

In line with the aforesaid constitutional provision Zimbabwe gazetted the High Court (Commercial Division) Rules, Statutory Instrument 123 of 2020.These rules were brought into operation by the High Court (Commercial Division) (Amendment) Rules, Statutory Instrument 79 of 2022 on the 1st May 2022. This signified the commencement of a division of the High court specifically dedicated to the hearing and resolution of commercial matters. The Commercial Court is Zimbabwe’s latest specialised division. Other specialised divisions of the High Court are the Electoral Court [Electoral Court Act Chapter 2:13]; the Fiscal Appeal Court [Fiscal Appeal Court Act Chapter 23:05]; the Special Court for Income Tax Appeals [Income Tax Act Chapter 26:06]; the Intellectual Property Tribunal [Intellectual Property Tribunal Act Chapter 26:08]; and the criminal, civil and family law divisions.

JURISDICTION

In terms of rule 5(1) of the High Court (Commercial Division) Rules Statutory Instrument 123 of 2020 the commercial court is vested with both original and appellate jurisdiction over all commercial disputes.

WHAT IS THE MEANING OF A COMMERCIAL DISPUTE?

Rule (1) of the High Court (Commercial Division)Rules Statutory Instrument 123 of 2020 defines commercial dispute” is meaning a dispute of a civil nature considered by the court to be of commercial significance, including any claim or application arising out of a transaction of trade or commerce but not limited to—

(a) the formation of a business or commercial organisation;

(b) the formation, management, transfer or dissolution of any business entity;

(c) the contractual relationship of a business entity with another such entity or with another person or persons undertaken in the course of business, other than with a person or persons who are employees;

(d) the contractual liability of a business or of a person engaged in a business that arises in the course of business activity other than arising from a contract of employment;

(e) disputes primarily involving banking and financial services;

(f) disputes relating to the restructuring or payment of business debts, including business rescue and insolvency;

(g) the enforcement of an arbitral award of a business of a commercial nature;

(h) a business dispute that is between an individual, a company, co-operative, partnership, syndicate, trust or other entity which does not arise from a contract of employment;

(i) disputes arising from the exploitation of oil and gas reserves or other natural resources of a commercial nature;

(j) any dispute of a commercial nature arising out of insolvency, insurance claims, competition and anti-trust law or legislation, the Companies and Other Business Entities Act [Chapter 24:31], pension funds and disputes relating to pensions oany dispute relating to the management of a business or commercial organisation, including a dispute relating to the management of a business executive directors of a company and its shareholders or executive directors and the company;

(k) any dispute relating to the contractual relationship or liability of a business, commercial organisation or person with other bodies or persons outside the business or commercial organisation arising out of business or commercial activities;

(l) banking and financial services;

(m) the restructuring or payment of commercial debts by or to a business or commercial organisation or person; and

(n) any other dispute that the Judge President may designate as a “commercial dispute” upon request by any of the parties to the dispute.

WHY THE COMMERCIAL COURT?

1. 1. To increase the ease of doing business;
2. 2. To efficiently and expeditiously resolve commercial disputes;
3. 3. To have a specialised court dedicated to the resolution of commercial disputes;
4. 4. To simplify the process of resolving commercial disputes;
5. 5. To reduce the costs and time associated with the resolution of commercial disputes; and
6. 6. To complement arbitration whose thrust is the expeditious resolution of commercial disputes

THE KEY FEATURES OF THE COMMERCIAL COURT

1. 1. It provides for the electronic filing and service of documents;
2. 2. It provides for the expeditious, effective, seamless and real time conduct of court proceedings;
3. 3. The court hosts a virtual court platform for the virtual hearing of applications and actions ; The Integrated Electronic Case Management System(IECMS) is a web-based system and a unifying platform that integrates the Constitutional Court ,the Supreme Court, the Commercial Court the High Court , the Labour Court, the Administrative Court ,the Magistrates Court and the Sheriff of the High Court under the same system.
4. 4. The court is expected to be a fully paperless court by the 1 st December 2022;
5. 5. The speedy resolution of disputes without being bogged down by technicalities;
6. 6. There are six judges assigned to the Commercial court